GENERAL TERMS AND CONDITIONS
1 Subject matter of the contract
1.1 The following General Terms and Conditions apply to all delivery transactions between BRANDiVISION GmbH / Code Limited, Kaiserswerther Markt 11, 40489 Düsseldorf, Germany (Seller) and its customers. The General Terms and Conditions shall apply to consumers within the meaning of § 13 BGB (German Civil Code) unless it is expressly stated that these shall only apply to corporate customers. A consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.2 The application of deviating terms and conditions of customers is expressly contradicted. These shall only apply if and insofar as their application has been expressly agreed.
2 Conclusion of the contract
2.1 The presentation of goods on the Seller’s website does not constitute an offer to conclude a contract, but rather an invitation by the Customer to submit an offer (invitatio ad offerendum). Only the completion of the order process constitutes a legally binding offer to conclude a contract by the customer (order). To place the order, the customer can place the product in the electronic shopping basket by clicking on the corresponding button in the product view. If necessary, there are selection options such as colour, size and quantity available. The order can be initiated by clicking on the shopping cart button, which takes the customer to the electronic shopping cart. There is a list about the product selection. There, the customer has the possibility to make changes to the selection or to remove products from the selection. The customer can also cancel the order at any time. The order is continued, in which the customer over the mask his name, address and other queried customer data enters, the payment possibilities selects. The order is completed at the end of the order form by clicking on the button “order subject to payment” or another button with a corresponding designation. The receipt of the order will be immediately confirmed by the Seller by means of an acknowledgement of receipt email. The acknowledgement of receipt does not constitute acceptance of the order.
2.2 The Seller’s offer of goods shall in principle only contain available goods. Nevertheless, the Seller reserves the right to check availability on receipt of the order in individual cases and will inform the Customer immediately and reimburse any payments already made by the Customer if the ordered goods should exceptionally not be available.
2.3 The contract text will not be stored. The General Terms and Conditions can be viewed at any time on the Seller’s website. The order data will be sent by e-mail to the e-mail address specified in the order. After completion of the order, the order data can no longer be retrieved.
3 Terms of payment
3.1 The customer has the possibility to choose from different payment methods, unless a special payment method is specified. The available payment options can be viewed on the Seller’s website.
3.2 The goods shall only be dispatched against prepayment unless otherwise agreed. If the goods are dispatched on account, the purchase price is due for payment immediately without deduction.
3.3 The customer is only entitled to a right of set-off if his counterclaim has been legally established or is undisputed. The customer shall only be entitled to assert a right of retention on the basis of counterclaims arising from this contractual relationship.
4 Retention of title
4.1 The sold goods remain the property of the seller until the purchase price has been paid in full. The buyer undertakes to treat the goods with care until the transfer of ownership.
4.2 The Buyer shall immediately notify the Seller of any seizure, insolvency, damage or loss of the goods as well as any change of ownership.
5 Delivery, shipping costs, exchange
Unless other delivery periods are indicated, delivery will be made up to 7 weeks for waiting lists for silver bracelets and up to 3 months for GOLD and BLACKEDITION bracelets.
The exchange of already used goods as well as the exchange of individualised goods (for example by pictures or engraving) and material damage by sea water, swimming pools, baths and sauna visits is excluded.
6 Right of withdrawal for consumer customers
Exclusively for consumer customers within the meaning of § 13 BGB, i.e. natural persons who conclude a legal transaction for a purpose which can neither be attributed to their commercial nor their self-employed professional activity, which follows:
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which you or a third party designated by you, other than the carrier, have taken or have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (BRANDiVISION GmbH / Code Limited, Kaiserswerther Markt 11, 40489 Düsseldorf, Germany, Tel.: +49(0)211 940 84 40, Fax.: +49(0)211 940 84 55, E-Mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter, fax or e-mail sent by post).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.
You shall return or deliver the Goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functions.
End of the revocation instruction
Area exceptions: The right of withdrawal does not apply to the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or which may spoil quickly or whose expiry date would quickly be exceeded. The same also applies to goods which, due to their nature, have been inseparably mixed with other goods after delivery.
7.1 The warranty shall be governed by the statutory provisions.
7.2 The following applies exclusively to corporate customers:
The assertion of warranty claims presupposes that the customer has duly complied with his obligations to inspect and notify defects pursuant to § 377 HGB (German Commercial Code). The limitation period for warranty claims is 12 months calculated from the transfer of risk. If the subject of the contract is a used item, the warranty is excluded. This does not apply if there is a guarantee of quality or liability due to fraudulent intent.
8.1 In the event of intent or gross negligence as well as the absence of a guaranteed characteristic, the Seller shall be liable without limitation for all damages.
8.2 In the event of slight negligence, the Seller shall be liable without limitation in the event of injury to life, limb or health. If the Seller is in default of performance due to slight negligence, if impossibility exists or if a material breach of duty exists, liability shall be limited to the foreseeable damage typical for the contract.
8.3 In all other respects, liability is excluded, with the exception of mandatory liability under the Product Liability Act.
8.4 Any polishing with polishing compounds, polishing wheels or other processing of any Code Limited bracelets may only be carried out by an authorised Code Limited jeweller or partner company. This applies in particular to all GOLD bracelets in white, yellow, rose or BLACK gold. If your bracelet is worked on by an unauthorised company or person, all liability is void.
9 Transfer of risk
The following applies exclusively to corporate customers: Unless otherwise agreed, delivery shall be “ex works”.
10 Other provisions
10.1 The assignment of claims requires the consent of the seller.
10.2 The contractual relations between the parties shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The validity of mandatory provisions of consumer protection in the country of origin shall remain unaffected.
10.3 What follows applies exclusively to corporate customers: The place of jurisdiction for all disputes is the registered office of the seller.
BRANDIVISION, January 2022